# •

• COOPERATIVE ARRANGEMENT ADDENDUM TOTHE MEMORANDUM OFAGREEMENT BETWEEN THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION X AND THE STATE OFOREGON
Relating to the cooperative administration of the laws enacted by the United States ofAmerica under Subtitle Cof the Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 94-580, 42 USC 6901 et. seq.) (hereafter "RCRA" or "the Act") and the laws of the State of Oregon to protect health and the environment by permitting hazardous waste storage, treatment, and disposal facilities.

I. Preamble The Regional Administrator, U.S. Environmental Protection Agency, Region X, (hereafter "EPA" or "Regional Administrator") and the Director of the DepartmentofEnvironmental Quality (DEQ), designated as the lead agency for the State, (hereafter "Director" or "the State") enter into this Cooperative Arrangement (hereafter "Arrangement"). The purpose of this Arrangement is to implement as effectively as possible EPA's responsibility under RCRA through the cooperative efforts of EPA and the State. This Arrangement will assure efficient allocation of public funds, will minimize duplication of effort, and will avoid confusion of the regulated community

.

.II. Authority and Responsibility

EPA has the authority to enter into this Cooperative Arrangement pursuant to Section 3011 of RCRA for the purpose of funding elements of the hazardous waste management program under RCRA. Because the State received Interim Authorization for Phase I but has not yet received Interim Authorization for Phase II Components Aand B, this Arrangement is entered into between EPA and the State. The Cooperative Arrangement is composed of this addendum.to the MOA and the Cooperative Agreement negotiated between EPA and the State pursuant to Section 3011 of RCRA. It is understood that EPA retains full and ultimate responsibility for the administration and enforcement of the Phase II Components Aand B Federal hazardous waste management program in Oregon and that nothing in this Arrangement shall be construed to limit EPA's authority under RCRA. It is understood that the Oregon hazardous waste management program operates in lieu of the Phase I Federal hazardous waste management program as set forth in the body of the Memorandum of Agreement. It is further understood that the State's participation in this Arrangement is intended to maximize the expeditious and efficient implementation of RCRA and to speed the State's receipt of Final Authorization. The**Dire~tor** shall administer those portions of the Federal hazardous waste management program identified in this Arrangement consistent with the provisions of other agreements, RCRA, current Federal policies and regulations, and any separate working agreements which shall be entered into with the Regional Administrator as necessary or desirable for the full administration and enforcement of the Federal program.

# • III. EPA Overview of State Activities EPA shall oversee and evaluate the State's performance of functions described in this Arrangement on a continuing basis to assure that such performance is consistent with this Arrangement and all applicable requirements embodied in currentFederal policies, regulation, and laws. The Regional Administrator may request and the Director shall submit information and provide access to all files necessary for oversight and evaluation of the State's performance of functions described in this Arrangement. If, in the jUdgmentofRegional Administrator, any performance of functions is inconsistent with this Arrangement, or current Federal policies, regulations, or laws, he/she shall notify the State and may take any actions specified in 40 CFR Part 35.712.

IV. State Notification ofProgramChanges As so.on as the.Director has information concerning. any substantial proposed or actual change of any pertinent statute, regulation, directive, significantjudicial decision or form, any of which the Director has submitted to the Regional Administrator or agreed to make use of in connection with this Arrangement, the Director shall notify the Regional Administrator and transmit the text of any such change to the Regional Administrator. Within 30 days the Regional Administrator shall determine whether the proposed change would restrict the authority of the State to perform in accordance with this Arrangement. Such change may be cause for termination, according to 40 CFR 30.920, et. seq., of the Cooperative Agreement negotiated pursuant to this Arrangement.



## v. Permit Issuance and Compliance Inspections Editorial Note: For purposes of this cooperative arrangement, the terms "DEQ Licenae" and "EPApermit"· shall be considered·synonymous and will be referred.to simply as "permit." A. State Permit Issuance Procedures As a result of recent legislative action, State will be able to permit on-site storage and treatment facilities beginning November 1981 (authority to permit off-site storage and treatment facilities previously existed). State desires to issue these required permits·expeditiously. EPA and State agree to prioritize EPA's current list of Part Aapplicants for purposes of permit issuance. Then State will seek permit applications, prepare draft permit conditions, seek timely (14 day) EPA review and comment, publish public notice and issue permits. Until such time as Oregon receives Phase II or Final Authorization, when only State standards and rules will apply, State will issue permits in conformance with any effective 40 CFR Part 264 standards.

# • B. Joint EPA/State Permit Issuance Procedures At such time as EPA can implement its permit authorities, EPA and State agree that joint permit issuance will minimize confusion and avoid duplication for Oregon's regulated community. To facilitate joint permit issuance, EPA agrees to: 1. Appoint team leader for each permit 2. Seek Part B permit applications 3. Maintain administrative record 4. Issue public notice 5. Hold pUblic hearing 6. Propose use ofPermitAssistance Team 7. Issue permit State agrees to:

2. Draft permit conditions 1. Appoint permit coordinator 

# • 3.
4. Draft fact sheet or statement of basis Assist with public hearing



# 'Ie

....... C. 5. Recommend issuance/denial of permit to Regional Administrator &Director 6. Issue permit Draft permits will be written to satisfy'applicable State and Federal laws and rules. Said permits will be jointly issued so that permit can remain in effect at such time that Oregon achieves Phase II or Final Authorization. EPA Permit Issuance Procedures Because of the public health and environmental protection afforded by facilities operating in compliance with State permits, such facilities will be considered low priority for the issuance ofjoint or separate federal permits. At this time, EPA does not foresee issuing any joint or separate federal permits to facilities operating under State permits. However, until Oregon receives Phase II or Final Authorization, EPA reserves the right to**~ssue** joint or separate permits if necessary to 'ensure that EPA's responsibilities under RCRA to protect public health and the environment are carried out.

# • D• Permit Inspections State will assume lead agency role for conducting compliance aS6urance inspections ofmanagement facilities receiving a joint permit subject to EPAoversightpreviously identified in the Phase I MemorandumofAgreement. Anyoperator of a major facility listed in Section VI 

### of this arrangement, who is also a generator, will receive an annual compliance assurance inspection for compliance with generator standards.

VI. RevisedMajor Hazardous Waste Management Facilities List

Unless otherwise stipulated, this Arrangement and any subsequent modifications will take effect immediately upon being signed by the Director and the Regional Administrator. 

# • Allied Plating, Portland Baron Blakeslee, Portland BordenChemical, La Grande. Chempro, Port.Land

. 

### Chem-Security, Arlington Gerber Legendary Blades, Portland Gilmore Steel, Portland GreatWestern Chemical, Eugene GreatWestern Chemical, Tigard Gould, Metals Div., Portland Intel, Hillsboro Madera products, Albany

VII. Effective Date Pacific Chemicals, Albany Permapost, Hillsboro Rbodda Paint; Portland

. Rhone-poulenc,· Inc., Portland Portland Industrial Chemists PortlandWillamette, Portland Sol-Pro, Portland Tektronix, Beaverton TeledyneWahChang, Albany VanWaters &

### Rogers, Portland Widing Transportation, Portland Widing Trans., Springfield

VIII. Amendments This Arrangementmay be amended or modified by mutual written agreement signed by both the Director and the Regional Administrator.

IX. 

### Termination This Arrangementwill terminate when the State receives Interim or Final Authorization for Phase II Components Aand B according to the'provisions of 40 

### CFR 123, 

### or on the date on which all InterimAuthorizations end, whichever is earlier. Itmay also terminate at any time in accordance with 40 

### CFR 30.920, 

### et. seq.

ZC666 

### DepartmentofEnvironmental Quality Protection

Date**_~-------------** U. A

# BY""~~~ G/ AUG19

### 1981 Date



# -------------- 

# '.

# •

••

••**\~-** ." 

### October 23, 1981

DavIdHanllne Program Development Section EPA Region 

### X 1200SIxth Avenue Seattle, WA 98101 Dear Hr. Hanllne: Inaccordance wIth your letter of October 

### 9, 1981, wewill add Johnson Controls and Roseburg Lumber to our list of "major facilIties" for compliance Inspections during the current fiscal year.

# ~~~**i~~** Richard Reiter, Supervisor Hazardous Waste Section SolId Waste DivisIon FSB:dro

### RichardReiter, Supervisor HazardousWasteSection OregonDepartmentofEnvironmental P.O. Box 1760 Portland, Oregon 97207 

# •

REPLY TO ATTNOf:



## OCT u.s.

M/S 530 91981 ENVIRONMENTAL PROTECTION AGENCY REGION X 1200 SIXTH AVENUE SEATTLE. WASHINGTON 98101



### Qua1

### ity 

# i'. DearMr. Relter: To follow up on our recent discussions of "majorfacilities", formore frequentcompliance inspections during the currentfiscal year, wewould like to respond to FredBromfeld's memorandumgivingjustifications for deletions from EPA's original proposed listofmajors. We are in agreementthatboth J.H. Baxters, Riverbend Landfill, Umatilla Depot, andUnion Carbide be dropped from the majors category. We dofeel, however, thatJohnsonControls and RoseburgLumber should remain on the majors 1ist. Even though JohnsonControls' pondwas recently closed, the surface impoundmenthad beendesigned as anevaporation andpercolation pond. Considering some ofthe potential pollutants which weredischarged to the pond (lead hydroxide andlead sulfate), and the proximity ofthe 'pond to groundwater andwater supplywells, we**~eel** 

### thatretention of this facility as a "major" will help ensure thatpossible adverse impacts frompastpractices can beadequatelymonitored. WithRoseburg Lumber, we are also concernedwith possible groundwater impacts from disposal practices. It is our understanding that hazardous waste disposal has beenauthorized only when the option ofrecycling is not available.. However, given the fact that disposal has occurred and presumablywill continue to occur in a sitewhichwas not specifically designed for hazardous wastes, we feel this facility should also remain a "major". Thus, in keeping with our MemorandumofAgreementfor InterimAuthorization, we requestthat both JohnsonControls and RoseburgLumber be added to the listof major facilities whichis partofthe FY'82 State/EPA Agreement. Sincerely,

,_, •**~1** \....:.k' • I ' 

### .jJt2.1h.{L**~J** 

### DavidHanline ProgramDevelopment Section SOli,j**~'i"~',,,** u',' , . Dc t " ."
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# D '

, OCT:t;j

## 1981VICTORATIYEH GOVERNOA



## • 

# DepartmentofEnvironmental-Quality

522 SOUTHWEST 5TH AVE. PORTLAND. OREGON MAILING ADDRESS; P.O. BOX 1760. PORTLAND. OREGON 97207 

### August 3, 1981



# •

• Dear Messrs/Mesdames: The Departmentof**En~ironmental** 

### Quality has been designated by the

## U. 

## s. Environmental ProtectionAgency as the management agency in Oregon for the first phase ofthe federal hazardous waste management program. In May, 1980, EPApromulgated rules under the Resource Conservation and RecoveryAct to protecthuman health and the environment from the improper management ofhazardous waste. These rules apply to any person generating, storing, transporting, treating, or disposing ofhazardous waste and**co~stitute** 

### a program for the cradle-to-grave management of these wastes. The Act also provides for state assumption of the hazardous waste program as long'as anexisting state programmeets certain federal criteria• Because ofa phased approach to promulgation of federal hazardous waste regUlations, InterimAuthorization is correspondingly granted in phases. To 

### receive InterimAuthorization for the first phase, a state must demonstrate that its hazardous waste management program is substantially equivalent to the federal programwith regard to such activities as the designation of hazardous wastes, standards applicable to generators and transporters ofhazardous waste, including a manifest system, and standards applicable to storers, treaters, and disposers of such wastes. Authorization for subsequentphases will require a greater degree of state authority particularly in the area ofpermitting activities. As you**m~y** 

### be aware, the DEQ has a hazardous waste programwhich was developed for Oregon over the past 10 years. In many respects, it is similar to the federal program, but, webelieve, more sensitive to local conqerns. To 

### avoid unnecessary duplication of effort, and in accordance with the wishes of a majority of industry, wehave requested, and, on July 16, 1981, received InterimAuthorization to manage the first phase of the federal program•

# •

• December 8, 1980

Pursuant to the Department's Hazardous Waste Rules (which became effective August 23, 1979) you have registered with us as a hazardous waste generator. Since the Department's rules became effective a number of federal events have occurred that warrant review as they impact our previous relationship. OnFebruary 26, May 19 and July 16, 1980, the Federal Environmental ProtectionAgency (EPA) promulgated its rules for a national hazardous waste management program. Effective date for most of these rules was November 19, 1980. EPA's rules provide for authorization of state programs to operate in lieu of the federal program. OnSeptember 16, 1980, Oregon applied for interim authorization ofour existing program. OnNovember 17, 1980, EPA held a public hearing on our application. Adecision on our application is due by January 15, 1981. While Oregon believes we have a substantially equivalent program in effect, EPA has the final say. Several important points must be kept in mind while final decisions are made in this matter: Q. As a generator, which program(s) must I comply with today? A. As ofNovember 19, 1980, both programs were legally in effect inOregon. Until EPAmakes a decision on our request for interim authorization you must continue to comply with both programs. In case of apparent conflict, the more restrictive provision of the state or federal programmust be complied with. Q. What happens ifOregon achieves interim authorization? 

# • A. IfOregon's program is granted interim authorization itwill operate in lieu of the federal program. EPA would oversee the administration of the state program but would not implement their program. Under Section 7003 of the Resource Conservation

# • December 8, 1980 

### Page 2

and RecoveryAct of 1976, 

### EPA does reserve the right to take enforcement action if an imminent hazard to public health or the environment exists. Q. What happens ifOregon doesn't achieve interim authorization? A. Youwill continue to be responsible to comply with both programs until one of the following things happens: 1. 

### Oregon reapplies and receives interim authorization status. 2. 

### Oregon applies and achieves final authorization status. 3. Oregon Legislature decides not to continue the state's program, .Ln 

### which case,'only--the federal programwill apply.

. . . 

### . At such time as any of the above circumstances occur, wewill immediately notify you. Q. If I need technical assistance on either program, where can I 

### obtain it? A. At this time DEQ is in a position'to assist with either program, however, that does not preclude you from contacting EPA direct. Technical assistance is available at: 

# • OregonDepartment of Environmental Quality Hazardous Waste Operations 522 SW

### Fifth Portland, OR 97204 (503) 229-5913 1-800-452-7813 

### (Toll Free in Oregon) Mailing Address P. O. Box 1760 

### Portland, OR 97207 

### Environmental ProtectionAgency Air &

### Hazardous Material Branch 1200 

### SixthAvenue Seattle, WA 98-101 (206) 442-1260- 1-800-426-0663 

### (Toll Free to EPA)

# ~'.- .- 

### Q. Whatgenerator identification number must I use on a manifest or report? A. State Program When registering with DEQ we had asked you to identify your federal employer identification number (EIN) (or your general service administration real property number in the case ofpublic agencies). We adopted the EIN number approach based on EPA'S proposed rules of December 18, 1978. 

### BetweenDecember 18, 1978 

### and May 19, 1980, 

### EPA received sufficient input to convince them that the Dunn &

### BradstreetDataUniversal Numbering (DUN) systemwas the most complete listing ofU. S• businesses by plant site. To avoid confusion and to support

# •

• December 8, 1980 

### Page 3
consistency between states, weare prepared to adoptEPA's DUN system in lieu of the EIN system. As you receive your modifiedDUN number fromEPA, werequest you use it in place of the EINnumber. In case you have not received acknowledgment ofyour notification andmodified DUN number and need to shipwastes to an authorized treatmentor disposal site, wewill continue to accept the EIN number on a manifest or report. For those companies for whomwehave received information fromEPA the mailing label on the first page shows themodified DUN number. If this number matches the number in your records, DO 

### NOTHING. Ifyou believe there is a discrepancyplease contact: Bill Hartford, Environmental Specialist, (503) 229-5913 

### or Toll Free in Oregon 1-800-452-7813. 

### In the casewhere you are a generator only under the**Stat~** 

### program, we intenq**t~** 

### continue.using the EIN at least until such time as we apply for final authorization.

Federal Program EPA'S 1dentification system is based on the DUN system. Just knowing your DUN number is not sufficient, however, since formal registration with EPA is still necessary. EPA will acknowledge your notification and issue a modified DUN number. Thatmodified number is the number thatEPA and Oregon will accept on manifests and reports. Ifyou have not received acknowledgement fromEPA to date·, you maycall either of the EPA telephone numbers identified above• Ifyou have any questions regarding this letter, please call Bill Hartford or me.

Supervisor Operations RPR:g ZGD37 (1)**~c:** 

### EPA-Region 10 

### EPA-Oregon Operations Office ErnestA. Schmidt, Administrator, SolidWaste Division Richard Reiter, Hazardous Waste Operations